Section 15-2109. PHASED PROCEEDINGS ON THE APPLICATION

 

2109.1The applicant may request, or the Commission may on its own initiative direct, that the project be reviewed in two (2) or more phases.

 

2109.2If the Commission approves a phased proceeding, the matter shall proceed as follows:

 

(a)An applicant may file a partial application;

 

(b)The Commission may render separate findings of fact on any phase or issue within a phase; and

 

(b)Findings of fact shall be final pursuant to D.C. Code, 2001 Ed. § 34-605(a), and may not be subject to further litigation unless warranted by new substantive issues or changed circumstances.

 

2109.3In examining whether an applicant has complied or will comply with all applicable zoning and environmental laws, the Commission will rely, to the extent possible, on the expertise of the agencies charged with enforcement of those laws.

 

2109.4In order to assure timely completion of the proceedings, the Commission may impose a schedule of procedural dates that are subject to change only for good cause shown.

 

source

Final Rulemaking published at 51 DCR 8653 (September 3, 2004).